Legal Opinion

Maldonado v. Selsky

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1990PublishedCited by 9 opinions

1Opinion of the Court

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Intemann, Jr., J.), entered July 13, 1988 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondent’s determination finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County was served with a misbehavior report when a urine sample he submitted for drug analysis tested positive for opiates. At the subsequently held tier III hearing, petitioner denied the charge. He suggested that because…

2Cases cited4 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. Bates v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
  3. Price v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
  4. Segrue v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. Morales v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001
  2. Barnwell v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Maldonado v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  5. Holmes v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992

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